A lawsuit filed against the registrar of voters will not move forward until all parties are served, said San Diego Superior Judge Tamila Ipema Wednesday morning.
An attorney for Aurora Clark — who is asking that the registrar consider uncounted ballots from a November election for city council — and the defendant, San Diego County registrar of voters, were present in court but Chula Vista Councilman John McCann was absent.
“Because Mr. McCann was not present, the scheduling hearing couldn’t go forward,” said Clark’s attorney John Moot.
“We’re stuck until he gets served and has an opportunity to make an appearance. “
California law states that when an election is contested, the candidate who was certified the winner must also be added to a lawsuit.
The lawyer who represented McCann during a recount was served but told Moot that he had to serve McCann personally since he no longer is retained by McCann.
Moot said he has tried to serve McCann with court papers for a few days but McCann was nowhere to be found.
Moot said he tried serving McCann at his home on three different occasions on Jan. 21 and one time Jan.22.
McCann said he was unaware of the court date and that no one ever came to his home.
“I don’t know anybody who’s come to our house to serve us,” he said.
McCann added that he hasn’t retained a lawyer for any lawsuit.
The lawsuit, which challenges McCann’s win over former mayor Steve Padilla was filed Jan. 2.
Moot is seeking inclusion of 15 uncounted provisional ballots that the Registrar of Voters Office did not include in its election count. Those ballots were not counted for several reasons, including that voters’ addresses on the ballot envelopes did not match the address on their registration.
The judge granted a protective order to protect the identities of the voters on those 15 ballots.
Moot said he even reached out to Chula Vista City Attorney Glen Googins to help arrange a meeting to serve McCann.
Moot said he hasn’t heard back from Googins.
Googins said he spoke with Moot but not about arranging a meeting,
“He did contact me and indicated he was trying to serve John,” Googins said.
Googins said he didn’t offer any advice of how to serve McCann because it is not a city matter.
McCann said Moot had three weeks to serve him, and in that span he hasn’t been hard to find.
“I’ve been out in the public,” he said. “I’ve had perfect attendance at council meetings and attended many public events.”
McCann called the lawsuit “frivolous” and a waste of taxpayer dollars.
McCann claims Moot is trying to get Padilla back on the City Council for their own benefit.
“John Moot and Steve Padilla are lobbyist business partners and were hired together to oppose the bayfront plan,” McCann said.
“They have a huge financial interest to get on the City Council so that they can vote in favor of their clients.”
McCann said if Moot can’t find him, then he must not be a good attorney.
“For them to say I am ducking service is a complete fabrication and a lie,” he said.
“It shows Mr. Moot’s incompetence as an attorney and Padilla being a spoiled poor loser after a valid election by the citizens of Chula Vista.”
